2006 (9) TMI 171

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....ts. JUDGMENT 1. This appeal has been preferred by the assessee against the order passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, in M. A.  No. 79(ASR)/1999 in I. T. A. No. 139(ASR)/1992, dated November 18, 1999, for the assessment year 1990-91, proposing following substantial questions of law : "(i) Whether, on the facts and circumstances of the case, the Incom....

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....e-tax Act against the assessee for applying a gross profit rate ? (iv) Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, was justified in relying upon the points against the assessee, which was decided by the Commissioner of Income-tax (Appeals) in favour of the assessee and against which no appeal was carried out by the Revenue ?"....

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....iven partial relief. 4. Only contention raised by learned counsel for the assessee is that invocation of the proviso to section 145(1) of the Income-tax Act, 1961 (for short, "the Act"), by the Assessing Officer was not justified, as method of accounting employed by the assessee has not been found to be wrong, which is the only ground for invoking the said proviso. Reliance was placed on the ju....

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....he only question is whether sub-section (2) of section 145 is attracted. We find that the Tribunal has not taken into account sub-section (2) of section 145 for deciding the appeal before it and the same has been decided only on the question of applicability of the proviso to sub-section (1) of section 145 on which the Revenue does not even rely." 5. We are unable to accept the submission made.....